STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

Land DivisionHonolulu, Hawaii 96813

March 9, 2018

Board of Land and Natural Resources PSF No.: 160D-144State of HawaiiHonolulu, Hawaii OAHU

Sale of Remnant to James M. Sedeno, Waimanalo, Koolaupoko, Oahu, Tax MapKey: (1) 4-1-023:008.

APPLICANT:

James M. Sedeno, married, tenant in severalty.

LEGAL REFERENCE:

Section 171-52, Hawaii Revised Statutes, as amended.

LOCATION:

Portion of Government lands Waimanalo situated at Waimanalo, Koolaupoko, Oahu,identified by Tax Map Key: (1) 4-1-023:008, as shown on Exhibit A.

AREA:

4,653 square feet, more or less.

ZONING:

State Land Use District: UrbanCity and County of Honolulu LUO: R-5

TRUST LAND STATUS:

Section 5(b) lands of the Hawaii Admission ActDHHL 30° o entitlement lands pursuant to the Hawaii State Constitution: No

D-8

BLNR — Sale of Remnant Page 2 March9,2018to Sedeno

CURRENT USE STATUS:

Portion of the subject parcel is encumbered with a perpetual, non-exclusive easement [LOD26533] for sanctuary sewer purposes in favor of the City and County of Honolulu.

CONSIDERATION:

One-time lump sum payment of fair market value to be determined by independent appraiser,subject to review and approval by the Chairperson.

CHAPTER 343 - ENVIRONMENTAL ASSESSMENT:

In accordance with Hawaii Administrative Rule Section 11-200-8 and the Exemption List forthe Department of Land and Natural Resources reviewed and concurred by theEnvironmental Council on June 5, 2015, the subject request is exempt from the preparationofan environmental assessment pursuant to Exemption Class No. 1, “Operations, repairs ormaintenance ofexisting structures, facilities, equipment, or topographical features, involvingnegligible or no expansion or change of use beyond that previously existing,” item 44 thatstates, “Transfer of title of land.” See Exhibit B.

DCCA VERIFICATION:

Not applicable. The Applicant as a landowner is not required to register with DCCA.

APPLICANT REOUIREMENTS: Applicant shall be required to:

1. Pay for an appraisal to determine the one-time payment of fair market value for theremnant’; and

2. Consolidate the remnant with the Applicant’s abutting property through the Countysubdivision process.

REMARKS:

Pursuant to section 171-52, HRS, a remnant is defined as “a parcel of land economically orphysically unsuitable or undesirable for development or utilization as a separate unit byreason of location, size, shape, or other characteristics.” The subject parcel has beendetermined to be a remnant by this definition for the following reasons:

Pursuant to the legal description and map labeled Exhibit C, the subject parcel has an area of4,653 square feet together with a 12-foot wide access easement over the adjoining Lot 32[owned by Applicant]. The subject parcel does not meet the minimum lot area for R-5 lot,which requires 5,000 square feet. The surrounding parcels in the same block are privately

1 Applicant is aware of the possible cost of appraisal.

BLNR — Sale of Remnant Page 3 March 9, 2018to Sedeno

owned, i.e. no State lands can be consolidated with the subject parcel. Staffbelieves the lackofability to develop on its own would qualify the subject parcel as a remnant pursuant to thestatutes mentioned above.

Applicant is the owner ofparcel (1) 4-1-023:009 as staffhas confirmed with the informationprovided on the City and County of Honolulu Real Property Assessment Division website.

Other abuttingproperties to the subjectparcel include (1) 4-1-023:007, 013 and 014. Letterswere sent to the recorded owners of the abutting properties inquiring their interest, if any, inpurchasing the subject parcel as remnant from the State. Staff did not receive any responseindicating interest in the subject parcel.

Applicant has not had a lease, permit, easement or other disposition ofState lands terminatedwithin the last five years due to non-compliance with such terms and conditions.

Department of Facility Maintenance, Department of Planning and Permitting, Board ofWater Supply, and State Historic Preservation Division have no comments objections to therequest.

Division of Aquatic Resources recommends that Best Management Practices should befollowed when the parcel is developed. Staffnotes that this issue will be handled during thebuilding permit process administered by the City and County of Honolulu.

Department of Health, Department of Hawaiian Home Lands, Commission on WaterResource Management, Office ofHawaiian Affairs, and Department ofParks and Recreationhave not responded to the solicitation for comments before the deadline.

RECOMMENDATION: That the Board:

1. Find that the subject lands are economically or physically unsuitable or undesirablefor development or utilization as a separate unit by reason of location, size, shape, orother characteristics and, therefore, by definition is a remnant pursuant to Chapter171, HRS.

2. Authorize the subject requests to be applicable in the event of a change in theownership of the abutting parcel described as Tax Map Key: (1) 4-1-023:009,provided the succeeding owner has not had a lease, permit, easement or otherdisposition of State lands terminated within the last five (5) years due to noncompliance with such terms and conditions.

3. Declare that, after considering the potential effects of the proposed disposition asprovided by Chapter 343, HRS, and Chapter 11-200, HAR, this project will probablyhave minimal or no significant effect on the environment and is therefore exemptfrom the preparation of an environmental assessment.

BLNR — Sale of Remnant Page 4 March9,2018to Sedeno

Subject to the Applicant fulfilling all of the Applicant Requirements listed above,authorize the sale of the subject remnant to James M. Sedeno covering the subjectarea under the terms and conditions cited above, which are by this referenceincorporated herein and further subject to the following:

A. The standard terms and conditions of the most current deed or grant(remnant) form, as may be amended from time to time;

B. Review and approval by the Department of the Attorney General; and

C. Such other terms and conditions as may be prescribed by the Chairperson tobest serve the interests of the State.

Respectfully Submitted,

any CheungDistrict Land Agent

APPROVED FOR SUBMITTAL:

Suzanne . ase, Chairperson

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EXEMPTION NOTIFICATIONRegarding the prepara ion of an environmental assessment pursuant to Chapter 343, HRS andChapter 11-200, HAR

Project Title: Sale of Remnant

Project Reference No.: PSF 160D-144

Project Location: Waimanalo, Koolaupoko, Oahu, TMK: (1) 4-1-023:008

Project Description: Sale of remnant due to insufficient lot area

Chap. 343 Trigger(s): Use of State Land

Exemption Class No.: In accordance with Hawaii Administrative Rule Section 11-200-8 andthe Exemption List for the Department of Land and NaturalResources concurred with by the Environmental Council on June 5,2015, the subject request is exempt from the preparation of anenvironmental assessment pursuant to Exemption Class No. 1,“Operations, repairs or maintenance of existing structures, facilities,equipment, or topographical features, involving negligible or noexpansion or change ofuse beyond that previously existing,” item 44that states, “Transfer of title of land.”

Any proposed development of the private property, upon theconsummation of the sale, including the replacement of the existingbuilding with new residential units will follow the zoning andbuilding codes. As such staffbelieves that the request would involvenegligible or no expansion or change in use of the subject areabeyond that previously existing.

Consulted Parties: Agencies as noted in the submittal.

Recommendation: It is recommended that the Board find that this project will probablyhave minimal or no significant effect on the environment and ispresumed to be exempt from the preparation of an environmentalassessment.

EXHIBIT B

Lot 37

Lot 33

Lot 38

Exclusion 1 (Map 1) ofLand Court Application 1569

Lot 32

P OALIMA

STREET

GOVERNMENTPORTION OF

CROWN) LAND OF WAIMANALOWaimanalo, Koolaupoko, Oahu, Hawaii

Scale: 1 inch = 20 feet

SURVEYDEPARTMENT OF ACCOUNTING AND GENERAL SERVICES

STATE OF HAWAII

Government

4653 SQ. FT.

JOB: 0—306(94>

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